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HURLEY BY HURLEY v. BOWEN

No. 917, Docket 88-6007.

857 F.2d 907 (1988)

William J. HURLEY, Deceased, by his spouse Helen HURLEY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 26, 1988.

Attorney(s) appearing for the Case

Charles Robert, Hempstead, N.Y. (Robert, Hubert & Lerner, Hempstead, N.Y., of counsel), for plaintiff-appellant.

Barbara H. Fisher, Dept. of Health and Human Services, Baltimore, Md. (Ronald E. Robertson, Gen. Counsel, Terry Coleman, Chief Counsel, Thomas K. Stuber, Dept. of Health and Human Services, Baltimore, Md.; Andrew J. Maloney, U.S. Atty. for E.D.N.Y., Brooklyn, N.Y., Robert L. Begleiter, Chief, Civil Div., E.D.N.Y., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before OAKES and WINTER, Circuit Judges, and CEDARBAUM, District Judge.

WINTER, Circuit Judge:

This appeal concerns a denial by the Secretary of Health and Human Services ("Secretary") of Medicare benefits on the ground that the claimant did not receive skilled nursing care during a portion of a hospital stay. Because the claimant did receive skilled nursing care for part of the period for which benefits were denied, we affirm in part and reverse in part.

BACKGROUND

On September 4, 1981, William Hurley, who was seventy...

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